Title Deed Cancellation and Registration
The land register is presumed correct until the contrary is proved. A sense of unfairness is not enough to cancel an entry: the legal ground relied on — simulation, incapacity, abuse of a power of attorney — decides the burden of proof, the time limits and the evidence to be gathered.
Work handled in this area
- Cancellation and registration where an heir’s share was concealed
- Cancellation claims based on lack of legal capacity
- Claims based on abuse of a power of attorney
- Registration through acquisitive prescription and possession
- Correcting a wrongful entry and challenging cadastral surveys
- Cancellation and registration based on a pre-emption right
- Obtaining an injunction noted on the title register
- Abatement claims where a reserved share has been infringed
Most asked in this area
Is there a time limit for a concealed-inheritance claim?
No forfeiture period or limitation applies, so an heir may bring the claim years later. Waiting is still risky: if the property has passed to a good-faith third party the outcome can change.
Can a transfer recorded as a sale really be a gift?
That is the classic pattern — a gift made to keep property from an heir is registered as a sale. Whether the price was actually paid, whether the deceased had other income, and the timing of the transfer are all weighed together.
The transferor lacked mental capacity — what can I do?
If it is proved that capacity to discern was absent at the moment of transfer, the transaction is void. Hospital records, prescriptions and witness evidence are gathered, and the court usually orders a forensic medical report.
What if the property is sold on while the case is running?
To prevent that, an injunction is requested and noted on the register when the claim is filed. Where no note was made, the buyer’s good faith becomes a further issue and the case takes longer.
Do you have a file on this?
Describe it briefly and we will discuss the right route and the deadline position at the first meeting.